2017 BAR EXAMINATIONS

LABOR LAW AND SOCIAL LEGISLATION

I. Fundamental Principles and Concepts

A. Legal Basis
1. 1987 Constitution (State Policies, Bill of Rights & Social Justice)
2. Articles 1700 and 1702, Civil Code
B. Construction in Favor of Labor
C. Social Justice

II. Recruitment and Placement

A. Illegal Recruitment
1. Elements
2. Prohibited Activities
3. Types of Illegal Recruitment
4. Illegal Recruitment versus Estafa
5. Liability of Local Recruitment Agency and Foreign Employer
a. Solidary Liability
b. Theory of Imputed Knowledge
6. Termination of Contract of Migrant Worker Without Just or Valid Cause
7. Direct Hiring
B. Regulation of Recruitment and Placement Activities
C. Employment of Non-resident Aliens
D. Training and Employment of Special Workers
1. Apprentices and Learners
2. Disabled Workers
a. Equal Opportunity
b. Discrimination on Empployment

III. Labor Standards

A. Conditions of Employment
1. Scope
 2. Hours of Work
a. Principles in Determining Hours Worked
b. Normal Hours of Work
c. Meal Break
d. Waiting Time
e. Overtime
f. Night Shift Differential
g. Rest Periods
h. Holiday Pay, 13th Month Pay
i. Service Charge
B. Wages
1. Wage versus Salary
2. Payment of Wages
3. Facilities versus Supplements
4. Non-Diminution of Benefits
5. Prohibitions Regarding Wages
6. Wage Order, Wage Distortion
C. Leaves
1. Service Incentive Leave
2. Maternity Leave
3. Paternity Leave
4. Parental Leave for Solo Parents
5. Special Leaves for Women Workers (Magna Carta for Women)
D. Special Groups of Employees
1. Women
a. Discrimination
b. Stipulation Against Marriage
c. Prihibited Acts
d. Sexual Harassment
2. Minors
3. Kasambahay
4. Homeworkers
5. Night Workers
IV. Post-Employment
A. Employer Employee Relationship
1. Tests to Determine Employer-Employee Relationship
2. Kinds of Employment
3. Subcontracting versus Labor-Only Contracting (2016 Syllabus: Job
Contracting)
a. Elements
b. Trilateral Relationship
c. Solidary Liability
B. Termination of Employment
1. Termination by Employee
a. Resignation versus Constructive Dismissal
2. Termination by Employer
a. Just Causes
b. Authorized Causes
c. Due Process
i. Twin-Notice Requirement
ii. Hearing; Ample Opportunity to be Heard
3. Reliefs for Illegal Dismissal
4. Preventive Suspension
C. Retirement

V. Management Prerogative
A. Discipline
B. Transfer of Employees
C. Productivity Standard
D. Bonus
E. Change of Working Hours
F. Marriage Between Employees of Competitor-Employers
G. Post-Employment Ban

VI. Social Welfare Legislation

 A. SSS Law
1. Coverage and Exclusions
2. Dependents, Beneficiaries
3. Benefits
B. GSIS Law
1. Coverage and Exclusions
2. Dependents, Beneficiaries
3. Benefits
C. Portability Law
D. Employees Compensation Coverage and When Compensable

VII. Labor Relations

A. Right to Self-Organization
1. Who May Exercise the Right
a. Doctrine of Necessary Implication
2. Commingling / Mixture of Membership
3. Rights and Conditions of Membership
a. Nature of Relationship
i. Member-Labor Union
ii. Labor Union Federation
a. Disaffilitaion
b. Substitutionary Doctrine
B. Bargaining Unit
C. Bargaining Representative
1. Determination of Representation Status
D. Rights of Labor Organization
1. Check Off, Assessment, Agency Fees
2. Collective Bargaining
a. Duty to Bargain Collectively
b. Collective Bargaining Agreement (CBA)
i. Mandatory Provisions of CBA
E. Unfair Labor Practice
1. Nature, Aspects
 2. By Employers
3. By Labor Organizations
F. Peaceful Concerted Activities
1. By Labor Organization
a. Strike
i. Valid versus Illegal Strikes
b. Picket
2. By Employer
a. Lockout
3. Assumption of Jurisdiction
a. Nature
b. Effects of Assumption of Jurisdiction

VIII. Jurisdiction and Remedies

A. Labor Arbiter
1. Jurisdiction
2. Requirements to Perfect Appeal to NLRC
3. Reinstatement Pending Appeal
B. National Labor Relations Commission (NLRC)
1. Jurisdiction
C. Court of Appeals
1. Appeal via Rule 65, Rules of Court
D. Supreme Court
1. Rule 45, Rules of Court
E. Bureau of Labor Relations (BLR)
1. Jurisdiction
F. National Conciliation and Mediation Board
1. Conciliation versus Mediation
2. Preventive Mediation
G. DOLE Regional Directors
1. Recovery / Adjudicatory Power
H. DOLE Secretary
1. Visitorial and Enforcement Powers
2. Power to Suspend Effects of Termination
3. Remedies
I. Voluntary Arbitrator
1. Jurisdiction
2. Remedies
J. Prescription of Actions
 1. Money Claims
2. Illegal Dismissal
3. Unfair Labor Practice
4. Offenses under the Labor Code
5. Illegal Recruitment

IMPORTANT NOTES:

The listing of covered topics is not intended and should not be used by law schools as a
course outline, and that this listing has been drawn up for the limited purpose of ensuring
that theBar candidates are guided on the coverage of the 2017 Bar Examinations.

All laws, rules, issuances and jurisprudence pertinent to every subject and its listed topics
as of June 30, 2016 are examinable materials within the coverage of the 2017 Bar
Examinations.

Principles of law are not covered by the cut-off period stated herein.

COMMITTEE FOR THE 2017 BAR EXAMINATIONS